2012 (10) TMI 468 - AT - Income Tax

Labour Charges - register does not contain the addresses of the labourers nor it contains revenue stamp nor is it signed by the Labour Department no PF has also been deducted - Held that - Violation of any law as long as the payment does not become illegal on account of such violation the same cannot be hit under the Income Tax Act - Appeal dismissed against revenue. Payment to supervisors - Held that - Direction of CIT(A) to delete out of labour charges of Rs. 31, 01, 255/- which was admitted by the assessee before ld. CIT(A) as not payments to the supervisors but to the contractors is justified as this ground is misconceived and does not arise on the order of the lower authorities - appeal by revenue dismissed. Rental payments/Hire charges - Held that - provisions of section 194I has been amended to encompass within its provision the hire charges in respect of plant and machinery w.e.f. July 2006 - CIT(A)has rightly deleted the amount of Rs. 8, 15, 000/- added u/s. 40(a)(ia) made by the Assessing Officer as the said provision does not apply for the assessment year under appeal. Disallowance in respect of slurry removal expenses, Repair & Maintenance Charges - Held that - slurry removal expenses has been categorically shown in respect of tankers and lorries on which the assessee has reimbursed the expenses and this break-up has not been disproved nor shown to be wrongly claimed by the assessee. finding of the ld. CIT (Appeals) on this issue is on a right footing and does not call for any interference - revenue s appeal stand dismissed.

Issues Involved:

1. Deletion of addition of Rs. 1,99,95,180/- as labour charges.
2. Deletion of Rs. 31,01,255/- as labour charges paid to contractors.
3. Deletion of Rs. 8,15,000/- added under section 40(a)(ia) for non-deduction of TDS under section 194-I.
4. Confirmation of Rs. 88,900/- out of disallowance of Rs. 10,37,500/- on slurry removal expenses.
5. Confirmation of Rs. 76,500/- out of Rs. 12,90,370/- disallowed for non-deduction of TDS on repairing and maintenance charges.

Detailed Analysis:

Issue 1: Deletion of addition of Rs. 1,99,95,180/- as labour charges

The Revenue argued that the assessee failed to produce all labour supervisors or furnish their addresses, and thus the labour charges should be disallowed under section 40(a)(ia) for non-deduction of TDS. The CIT(A) accepted the assessee's labour and wages registers, which the Assessing Officer (AO) claimed were not verified by labour authorities and lacked revenue stamps. The Tribunal upheld the CIT(A)'s decision, noting that the violation of Provident Fund (PF) and Labour Laws does not affect the Income Tax Act proceedings. The Tribunal emphasized that the evidence provided by the assessee, though incomplete, was not proven false and that the payments were made directly to labourers through supervisors. Therefore, the deletion of the addition was upheld.

Issue 2: Deletion of Rs. 31,01,255/- as labour charges paid to contractors

The Revenue contended that these payments were made to contractors, not supervisors, and should be disallowed. However, the Tribunal found that this ground did not arise from the lower authorities' order and thus dismissed it.

Issue 3: Deletion of Rs. 8,15,000/- added under section 40(a)(ia) for non-deduction of TDS under section 194-I

The Revenue argued that the assessee failed to deduct TDS on hire charges under section 194-I. The Tribunal noted that the amendment to section 194-I to include rental payments/hire charges for plant and machinery was effective from July 2006, while the assessment year in question was 2006-07. Therefore, the CIT(A)'s deletion of the disallowance was upheld.

Issue 4: Confirmation of Rs. 88,900/- out of disallowance of Rs. 10,37,500/- on slurry removal expenses

The Revenue argued that the assessee failed to file any evidence for slurry removal expenses. The Tribunal found that the assessee had shown a break-up of expenses, which was not disproved. The CIT(A)'s decision to confirm only Rs. 88,900/- was upheld as it was based on the evidence provided.

Issue 5: Confirmation of Rs. 76,500/- out of Rs. 12,90,370/- disallowed for non-deduction of TDS on repairing and maintenance charges

The Revenue contended that no TDS was deducted on repairing and maintenance charges. The Tribunal noted that the assessee had shown these as reimbursement of expenses, which was not disproved. The CIT(A)'s decision to confirm only Rs. 76,500/- was upheld based on the evidence provided.

Conclusion:

The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decisions on all issues. The Tribunal emphasized the importance of evidence and the specific provisions of the Income Tax Act, distinguishing them from violations of other laws.

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